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APPENDIX. 449

be recognized under this rule as an attorney or agent to
represent applicants generally may, upon a showing of
circumstances which render it neccssarv or justifiable,
be recognized by the Commissioner to prosecute as at-
torney or agent certain specified application or applica-
tions, but this limited recognition shall not extend fur-
ther than the application or applications named.

Xo person not registered as above provided will be
permitted to prosecute applications before the Patent
Office.

18. Before any attorney, original or associate, will be
allowed to inspect papers or take action of any kind, his
power of attorney must be filed. But general powers
given by a principal to an associate can not be considered.
In each application the written authorization must be
filed. A power of attorney purporting to have been giv-
en to a firm or copartnership will not be recognized,
either in favor of the firm or of any of its members, un-
less all its members shall be named in such power of at-
torney.

19. Substitution or association can be made by an at-
torney upon the written authorization of his principal ;
but such authorization will not empower the second
agent to appoint a third.

20. Powers of attorney may be revoked at any stage in
the proceedings of a ease upon application to and ap-
proval by the Commissioner; and when so revoked the
office will communicate directly with the applicant, or
such other attorney as he may appoint. An attorney
will be promptly notified by the docket clerk of the revo-
cation of his power of attorney. An assignment of an
undivided interest will not operate as a revocation <>f the

Adm. Law— 29.



450 ADMINISTRATIVE LAW.

power previously given; but the assignee of the entire in-
terest may be represented by an attorney of his own se-
lection.

21. Parties or their attorneys will be permitted to
examine their cases in the attorney's room, but not in
the rooms of the examiners. Personal interviews with
examiners will be permitted only as hereinafter provided.
(See Rule 152.)

22. (a) Applicants and attorneys Avill be required to
conduct their business with the office with decorum and
courtesy. Papers presented in violation of this require-
ment will be returned. But all such papers will first be
submitted to the Commissioner, and only returned by
his direct order.

(6) Complaints against examiners and other officers
must be made in separate communications, and will be
promptly investigated.

(c) For gross misconduct the Commissioner may re-
fuse to recognize any person as a patent agent, either gen-
erally or in any particular case; but the reasons for such
refusal will be duly recorded and be subject to the ap-
proval of the Secretary of the Interior.

23. Inasmuch as applications can not be examined out
of their regular order, except in accordance with the pro-
visions of Rule 63, and members of Congress can neither
examine nor act in patent cases without written powers
of attorney, applicants are advised not to impose upon
Senators or Representatives labor which will consume
their time without any advantageous results.

APPLICANTS.

24. A patent may be obtained by any person who has
invented or discovered any new and useful art, machine,



APPENDIX. 451

manufacture, or composition of matter, or any new and
useful improvement thereof, not known or used by others
in this country before his invention or discovery thereof,
and not patented or described in any printed publication
in this or any foreign country before his invention or dis-
covery thereof, or more than two years prior to his appli-
cation, and not patented in a country foreign to the
United States on an application filed more than twelve
months before his application, and not in public use or on
sale in the United States for more than two years prior to
his application, unless the same is proved to have been
abandoned, upon payment of the fees required by law
and other due proceedings had. (For designs, see Rule
79.)

25. In case of the death of the inventor, the application
will be made by and the patent will issue to his executor
or administrator. In such case the oath required by
Rule 16 will be made by the executor or administrator.
In case of the death of the inventor during the time in-
tervening between the filing of his application and the
granting of a patent thereon, the letters patent will
issue to the executor or administrator upon proper inter-
vention by him.

/// case an inventor becomes insane, the application
may he made by <m<l the patent issued to his le<i<illji ap-
pointed guardian, conservator, or representative, who
will male the oath required by Rule '/6.

20. In case of an assignment of the whole interest in
the invention, or of the whole interest in the patent to be
granted, the patent will, upon request of the applicant
embodied in (he assignment, issue to the assignee; and if
(he assignee hold an undivided part interest, (he patent
will, upon like request, issue jointly to the inventor and



452 ADMINISTRATIVE LAW.

the assignee ; but the assignment in either case must first
have been entered of record, and at a day not later than
the date of the payment of the final fee (see Rule 201) ;
and if it be dated subsequently to the execution of the
application, it must give the date of execution of the ap-
plication, or the date of filing, or the serial number, so
that there can be no mistake as to the particular inven-
tion intended. The application and oath must be signed
by the actual inventor, if alive, even if the patent is to
issue to an assignee (see Rules 30, 40) ; if the inventor be
dead, the application may be made by the executor or
administrator.

27. If it appear that the inventor, at the time of mak-
ing his application, believed himself to be the first invent-
or or discoverer, a patent will not be refused on account
of the invention or discovery, or any part thereof, having
been known or used in any foreign country before his in-
vention or discovery thereof, if it had not been before pat-
ented or described in any printed publication.

28. Joint inventors are entitled to a joint patent;
neither of them can obtain a patent for an invention
jointly invented by them. Independent inventors of dis-
tinct and independent improvements in the same ma-
chine can not obtain a joint patent for their separate in-
ventions. The fact that one person furnishes the capital
and another makes the invention does not entitle them to
make an application as joint inventors ; but in such case
they may become joint patentees, upon the conditions pre-
scribed in Rule 26.

29. The receipt of letters patent from a foreign govern-
ment will not prevent the inventor from obtaining a pat-
ent in the United States, unless the application on which
the foreign patent was granted was pled more than



APPENDIX. 453

twelve month* prior to tlie filing of tlic application in
tJtis country, in which case no patent shall be (/ranted in
this country.

THE APPLICATION.

30. Applications for letters patent of the United States
must be made to the Commissioner of Patents, and must
be signed by the inventor, if alive. ( See Rules 2G, 33, 40,
46.) A complete application comprises the first fee of
$15, a petition, specification, and oath; and drawings,
model, or specimen when required. (See Rules 49, 56,
62. ) The petition, specification, and oath must be in the
English language. All papers which are to become a
part of the permanent records of the office must be legi-
bly written or printed in permanent ink.

31. An application for a patent will not be placed
upon the files for examination until all its pans, except
the model or specimen, are received.

Every application signed or sworn to in blank, or with-
out actual inspection by the applicant of the petition and
specification, and every application altered or partly
filled up after being signed or sworn to, will be stricken
from the files.

Completed applications are numbered in regular order,
the present series having been commenced on the 1st of
January, 1900.

The applicant will be informed of the serial number
of his application.

The application must be completed and prepared for
examination within one year after the filing of the peti-
tion; and in default thereof, or upon failure of the appli-
cant to prosecute the same within one year after any ac-
tion thereon (Rule 77), of which notice shall have been



454 ADMINISTRATIVE LAW.

duly mailed to him or his agent, the application will be
regarded as abandoned, unless it shall be shown to the
satisfaction of the Commissioner that such delay was
unavoidable. (See Eules 171 and 172.)

32. It is desirable that all parts of the complete appli
cation should be deposited in the office at the same time,
and that all the papers embraced in the application
should be attached together ; otherwise a letter must ac-
company each part, accurately and clearly connecting it
with the other parts of the application. (See Rule 10.)

THE PETITION.

33. The petition must be addressed to the Commission-
er of Patents, and must state the name, residence, and
postoffice address of the petitioner requesting the grant
of a patent, designate by title the invention sought to be
patented, contain a reference to the specifications for a
full disclosure of such invention, and must be signed by
the applicant.

THE SPECIFICATION.

34. The specification is a written description of the in-
vention or discovery and of the manner and process of
making, constructing, compounding, and using the same,
and is required to be in such full, clear, concise, and ex-
act terms as to enable any person skilled in the art or
science to which the invention or discovery appertains,
or with which it is most nearly connected, to make, con-
struct, compound, and use the same.

35. The specification must set forth the precise inven-
tion for which a patent is solicited, and explain the prin-
ciple thereof, and the best mode in which the applicant
has contemplated applying that principle, in such man-
ner as to distinguish it from other inventions.



APPENDIX. 455

36. In ca.se of a mere improvement, the specification
must particularly point out the parts to which the im-
provement relates, and must by explicit language distin-
guish between what is old and what is claimed as new;
and the description and the drawings, as well as the
claims, should be confined to the specific improvement
and such parts as necessarily co-operate with it.

37. The specification must conclude with a specific and
distinct claim or claims of the part, improvement, or
combination which the applicant regards as his inven-
tion or discovery.

38. When there are drawings the description will refer
to the different views by figures and to the different parts
by letters or numerals (preferably the latter).

39. The following order of arrangement should be ob-
served in framing the specification :

(1) Preamble stating the name and residence of the

applicant and the title of the invention.

(2) General statement of the object and nature of

the invention.

(3) Brief description of the several views of the

drawings I if the invention admits of such
illustration i .

(4) Detailed description.
i ."> i Claim or claims.

(6) Signature of inventor.

(7) Signatures of two witnesses.

40. The specifical ion must be signed by the inventor or
by bis executor or administrator, ami the signature
must be attested by two witnesses. Full names must be
given, and all names, whether of applicants or witnesses,
must be legibly written.

41. Two or more independent inventions can not be



456 ADMINISTRATIVE LAW.

claimed in one application; but where several distinct in-
ventions arc dependent upon each other and mutually
contribute to produce a single result they may be claimed
in one application.

Claims for a machine and its product must be pre-
sented IN SEPARATE APPLICATIONS.

Claims for a machine and the process ix the per-
formance OF WHICH THE MACHINE IS USED MUST BE

presented ix separate applications.

Claims for a process and its product may be pre-
sented ix the same application.

42. If several inventions, claimed in a single applica-
tion, be of such a nature that a single patent may not be
issued to cover them, the inventor will be required to
limit the description, drawing, and claim of the pending
application to whichever invention he may elect. The
other inventions may be made the subjects of separate
applications, which must conform to the rules applica-
ble to original applications. If the independence of the
inventions be clear, such limitation will be made before
any action upon the merits; otherwise it may be made
at any time before final action thereon, in the discretion
of the examiner.

43. AVhen an applicant tiles two or more applications
relating to the same subject-matter of invention, all
showing but only one claiming the same thing, the ap-
plications not claiming it must contain references to the
application claiming it.

44. A reservation for a future application of subject-
matter disclosed but not claimed in a pending applica-
tion, but which subject-matter might be claimed therein,
will not be permitted in the pending application.

45. The specification and claims must be plainly writ-



APPENDIX. 457

ten or printed on but one side of the paper. All inter-
lineations and erasures must be clearly referred to in
marginal or foot notes on the same sheet of paper. Legal-
cap paper with the Hues numbered is deemed preferable,
and a wide margin must always be reserved upon the
left-hand side of the page.

THE OATH.

4(3. The applicant, if the inventor, must make oath or
affirmation that he does verily believe himself to be the
original and first inventor or discoverer of the art, ma-
chine, manufacture, composition, or improvement for
which he solicits a patent; that he does not know and
does not believe that the same was ever before known or
used, and shall state of what country he is a citizen and
where he resides. In every original application the ap-
plicant must distinctly state under oath that the inven-
tion has not been patented to himself or to others iritJi his
knoivledge or consent in this or an// foreign country for
more than two //ears /trior to his application, or on an ap-
plication for a /latent pled in any foreign country by
himself or his legal representatives or assigns more than
ticclue months prior to his application. If any applica-
tion for /latent has been filed in any foreign country by
the applicant in this country, or by his legal representa-
tives or assigns, /trior to his application in this country,
lie shall state the country or countries in which such ap-
plication has been filed, giving the date of such applica-
tion, and shall also stale that no application has been
filed in any oilier country or countries than those men-
tioned; that to the best of his knowledge and belief the
invention has not been in public use or on sale in the
United States, nor described in any printed publication



458 ADMINISTRATIVE LAW.

or patent in this or in any foreign country, for more than
two years prior to his application in this country. This
oath must be subscribed to by the affiant.

The Commissioner may require an additional oath in
cases where the applications have not been filed in the
Patent Office within a reasonable time after the execu-
tion of the original oath.

47. If the application be made by an executor or admin-
istrator of a deceased person or the guardian, conserva-
tor, or representative of an insane person, the form of the
oath will be correspondingly changed.

The oath or affirmation may be made before any person
within the United States authorized by law to administer
oaths, or, when the applicant resides in a foreign country,
before any minister, charge d'affaires, consul, or commer-
cial agent holding commission under the government of
the United States, or before any notary public, judge, or
magistrate ha ring an official seal and authorized to ad-
minister oaths in the foreign country in which the appli-
cant mag be, whose authorit g shall be proved bg a certifi-
cate of a diplomatic or consular officer of the United
States, the oath being attested in all cases, in this and
other countries, by the proper official seal of the officer
before whom the oath or affirmation is made. When the
person before whom the oath or affirmation is made is not
provided with a seal, his official character shall be estab-
lished by competent evidence, as by a certificate from a
clerk of a court of record or other proper officer having a
seal.

When the oath is taken before an officer in a country
foreign to the United States, all the application papers
must be attached together and a ribbon passed one or
more times through all the sheets of the application, and



APPENDIX. 459

the ends of said ribbon brought together under the seal
before the latter is affixed and impressed, or each sheet
must be impressed with the official seal of the officer be-
fore whom the oath was taken, or, if he is not provided
with a seal, then each sheet must be initialed by him.

48. When an applicant presents a claim for matter
originally shown or described but not substantially em-
braced in the statement of invention or claim originally
presented, he will file a supplemental oath to the effect
that the subject-matter of the proposed amendment was
part of his invention, was invented before he filed his
original application, was not known or used before his
invention, was not patented or described in a printed
publication in any country more than two years before
his application, was not patented to himself or to others
with his knowledge or consent in this or any foreign
country on an application filed more than twelve months
prior to his application, was not in public use or on sale
in this country for more than two years before the date
of his application, and has not been abandoned. Such
supplemental oath must be attached to and properly iden-
tify the proposed amendment.

THE DRAWINGS.

49. The applicant for a patent is required by law to
furnish a drawing of his invention whenever the nature
of the case admits of it.

50. The drawing may be signed by the inventor, or the
name of the inventor may be signed on the drawing by
his attorney in fact, and must be attested by two wit-
nesses. The drawing must show every feature of the in-
vention covered by the claims, and the figures should be
consecul ively numbered if possible. When the invention



460 ADMINISTRATIVE LAW.

consists of an improvement on an old machine the draw-
ing must exhibit, in one or more views, the invention it-
self, disconnected from the old structure, and also in an-
other view so much only of the old structure as will suf-
fice to show the connection of the invention therewith.

51. Three several editions of patent drawings are
printed and published — one for office use, certified copies,
etc., of the size and character of those attached to patents,
the work being about 6 by 9^ inches ; one reduced to half
that scale, or one-fourth the surface, of which four are
printed on a page to illustrate the volumes, distributed
to the courts ; and one reduction — to about the same scale
— of a selected portion of each drawing for the Official
Gazette.

This work is done by the photolithographic process,
and therefore the character of each original drawing
must be brought as nearly as possible to a uniform stand-
ard of excellence, suited to the requirements of the
process, and calculated to give the best results, in the in-
terests of inventors, of the office, and of the public. The
following rules will therefore be rigidly enforced, and
any departure from them will be certain to cause delay in
the examination of an application for letters patent:

(1) Drawings must be made upon pure white paper
of a thickness corresponding to three-sheet
Bristol-board. The surface of the paper must
be calendered and smooth. India ink alone
must be used, to secure perfectly black and
solid lines.

(2) The size of a sheet on which a drawing is made
must be exactly 10 by 15 inches. One inch
from its edges a single marginal line is to be
drawn, leaving the "sight" precisely 8 by 13



APPENDIX. 461

inches. Within this margin all work and sig-
natures must be included. One of the shorter
sides of the sheet is regarded as its top, and,
measuring downwardly from the marginal line,
a space of not less than 1] inches is to be left
blank for the heading of title, name, number,
and date.

(3) All drawings must be made with the pen only.
Every line and letter (signatures included)
must be absolutely black. This direction ap-
plies to all lines, however fine, to shading, and
to lines representing cut surfaces in sectional
views. All lines must be clean, sharp, and sol-
id, and they must not be too fine or crowded.
Surface shading, when used, should be open.
Sectional shading should be made by oblique
parallel lines, which may be about one-twen-
tieth of an inch apart. Solid black should not
be used for sectional or surface shading.

(4) Drawings should be made with the fewest lines
possible consistent with clearness. By the ob-
servance of this rule the effectiveness of the
work after reduction will be much increased.
Shading (except on sectional views) should be
used only on convex and concave surfaces,
where it should be used sparingly, and may
even there be dispensed with if the drawing is
otherwise well executed. The plane upon
which a sectional view is taken should be indi-
cated on the genera] view by a broken or (haled
line. Heavy lines on the shade sides of objects
should be used, excepl where they tend to thick-
en the work and obscure letters of reference.



462 ADMINISTRATIVE LAW.

The light is always supposed to come from the
upper left-hand corner at an angle of forty-five
degrees. Imitations of wood or surface grain-
ing should not be attempted.

(5) The scale to which a drawing is made ought to
be large enough to show the mechanism with-
out crowding, and two or more sheets should be
used if one does not give sufficient room to ac-
complish this end ; but the number of sheets
must never be more than is absolutely neces-
sary.

(6) The different views should be consecutively
numbered. Letters and figures of reference
must be carefully formed. They should, if pos-
sible, measure at least one-eighth of an inch in
height, so that they may bear reduction to one
twenty-fourth of an inch; and they may be
much larger when there is sufficient room.
They must be so placed in the close and com-
plex parts of drawings as not to interfere with
a thorough comprehension of the same, and
therefore should rarely cross or mingle with
the lines. When necessarily grouped around a
certain part, they should be placed at a little
distance, where there is available space, and
connected by short broken lines with the parts
to which they refer. They must never appear
upon shaded surfaces, and when it is difficult
to avoid this, a blank space must be left in the
shading where the letter occurs, so that it shall
appear perfectly distinct and separate from the
work. If the same part of an invention appear



APPENDIX. 463

in more than one view of the drawing it must
always be represented by the same character,
and the same character must never 'be used to
designate different parts.

(7) The signature of the inventor should be placed
at the lower right-hand corner of each sheet,
and the signatures of the witnesses at the lower
left-hand corner, all within the marginal line,
but in no instance should they trespass upon
the drawings. The title should be written
with pencil on the back of the sheet. The per-
manent names and title will be supplied subse-
quently by the office in uniform style

When views are longer that the width of the
sheet, the sheet should be turned on its side and
the heading will be placed at the right and the
signatures at the left, occupying the same space
and position as in the upright views, and being
horizontal when the sheet is held in an upright
position ; and all views on the same sheet must
stand in the same direction. One figure must
not be placed upon another or within the out-
line of another.

(8) As a rule, one view only of each invention can
be shown in the Gazette illustrations. The se-
lection oft luii portion of a drawing best calcu-
lated to explain the nature of the specific im-



Online LibraryBruce WymanThe principles of the administrative law governing the relations of public officers → online text (page 33 of 44)